Movies Everywhere Visa® Gift Card Terms and Conditions

Cardholder Agreement

Important. Please Read Carefully.

Terms and Conditions for the Visa Gift Card

This document constitutes the agreement (“Agreement”) outlining
the terms and conditions under which a Prepaid Visa Gift Card has been issued to you. By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement.

Until you sign the Card, you may present the card to another person for their use. You should give that person a copy of these Terms and Conditions and that person should then sign the Card and will become subject to these terms and conditions. However, once you sign the Card, it is for your use only. You are wholly responsible for the use of each Card according to the terms of this Agreement. If you are not going to give the card to another person, please sign your Card immediately.

In this Agreement, “Card” means the Prepaid Visa Gift Card issued to you by MetaBank®, Member FDIC. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We”, “us”, “our”, and “Bank” mean MetaBank, our successors, affiliates or assignees. The Card will remain the property of MetaBank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.

Always know the exact dollar amount available in your card account. Available funds is the balance of your card account less any authorization holds for transactions that have not yet been settled by a merchant. Merchants may not have access to this information and cannot determine the balance in your card account. Free access to check your balance is available at www.movieseverywheregift.com. (the “Card Website”) or by calling 1 (877) 341-5484.

Definitions

The Card is a Prepaid Card. The funds associated with your Card are not held on your Card; instead, they are held in a card account at a bank. The Card allows you to access the funds held in that card account. Your Card is NOT a Credit Card. Your Card is NOT a checking, savings, or other demand deposit bank account. The funds in your card account will be FDIC insured provided your Card is registered by going to the Card Website (www.movieseverywheregift.com.) or by calling 1 (877) 341-5484.

Using Your Card

Making Purchases. You may use your Card to obtain goods or services wherever the Card is honored except where a manual imprint is required. You may not use your Card to obtain cash, for illegal transactions, at casinos, or for online gambling activity. If you permit someone else to use your Card, we will
treat this as if you have authorized such use, and you will be responsible for any transactions made subject to such use.

If you use your Card number without presenting your Card (such as for a mail order, telephone or internet purchases), the legal effect will be the same as if you used the Card itself. Payment for pay-at-the-pump stations should be made inside. For security reasons, we may limit the amount or number of transactions you can make on your Card. You do not have the right to stop payment on any transaction made with your Card.

You will receive a Personal Identification Number (“PIN”) with your Card Account. When you receive your Card, your PIN will be the last four digits of the Card number. For security, we suggest you change your PIN so that only you will know it. To change your PIN, call 1 (877) 341-5484 or visit www.movieseverywheregift.com. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you
should advise us immediately following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”

Negative Balances. Each time you use your Card, you authorize us to deduct the amount of the transaction from the balance of the funds in your card account. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE IN YOUR CARD ACCOUNT. If you attempt to use the Card when there are insufficient funds associated in your card account, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available in your card account occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction.

Split Transactions. If you wish to use your Card for a purchase which is greater than the balance of the funds available in your card account, you can request the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another Card. These are called split transactions. Some merchants do not allow split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.

Authorization Holds. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to ten (10) days. Some service or rental oriented merchants may choose to factor in additional amounts for deposit. It may take up to sixty (60) days to have any excess amounts held by a rental company added back to your available balance.

Some restaurants and some other service-oriented merchants may factor in an additional 20% (or more) to cover any tip you may leave on the purchase. If this occurs, and your total bill, after adding in the additional 20% (or more), exceeds the amount available in your card account, your transactions will be declined. Accordingly, you may want to ensure that your card account has an available balance that is 20% (or more) greater than your total bill prior to using your Card.

Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds to the extent allowed by law. It may take up to seven (7) days for the amount of the refund to be credited to your Card unless otherwise required by applicable law.

Foreign Transactions

No foreign currency transactions are allowed with your Card.

Receipts

You should get a receipt when you make a transaction with your Card. You agree to retain your receipt to verify your transactions.

Our Liability for Failure to Complete Transactions

We will not be liable:

If, through no fault of ours, you do not have enough funds available in your card account to complete the transaction;

If a merchant refuses to accept your Card;

If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;

If access to your Card has been blocked after you reported your Card lost or stolen

If we have reason to believe the requested transaction is unauthorized;

If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

Any other exception stated in our Agreement with you.

No Warranty Regarding Goods and Services or Uninterrupted Use.

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. From time to time the Card service may be inoperative, and when this happens, you may be unable to use your Card or obtain information about your balance. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.

Periodic Statements

You may obtain information about the amount of money you have remaining in your Card account by calling 1 (877) 341-5484. This information, along with a sixty (60) day history of account transactions, is also available online at www.movieseverywheregift.com.. You also have the right to obtain a sixty (60) day written history of account transactions by calling 1 (877) 341-5484 or by writing us:

Your Liability for Unauthorized Transactions;
Disputed Transactions

You agree to safeguard the Card and treat it like cash. The Card can be replaced if it is lost or stolen or if you believe that an electronic fund transfer has been made without your permission, with certain restrictions. You should call 1 (877) 341-5484 immediately to report a lost or stolen Card. Your liability for unauthorized transactions that take place on the Visa system is Zero dollars ($0) (“Visa Zero Liability” policy). You will be required to provide your name, the Card number, original value, and transaction history. We may require you to provide a written statement regarding claims of unauthorized transaction

PIN debit transactions and unauthorized transactions that are not routed through Visa are not protected by the Visa Zero Liability policy. If you do not contact us immediately, you could lose all the money in your card account.

If you tell us within two (2) business days after you learn of the loss or theft of your Card and you are not protected by the Visa Zero Liability policy, you can lose no more than $50 if someone used your Card without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Card and you are not protected by the Visa Zero Liability policy, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you
could lose as much as $500, unless prohibited by applicable law. In addition, if your transaction history (see Section 9) shows transactions you did not make, tell us at once. If you do not tell us within sixty (60) days after the transaction history was first made available to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from making the unauthorized transaction if
you had told us in time.

We reserve the right to require a written statement and conduct an investigation into the validity of any request. You agree to cooperate with any investigation we may make. You will not be liable for transactions identified by us as unauthorized. There is no fee to issue a replacement Card. A reissued Card may take up to thirty (30) days to process. You acknowledge that purchases made with Prepaid Cards, such as the Card, are similar to those made with cash. You cannot “stop payment” or lodge a “billing dispute” on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the merchant.

Other Terms

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in
transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state,
or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Card is issued by MetaBank pursuant to a license from Visa U.S.A Inc. This Agreement will be governed by the law of the State of South Dakota except to the extent governed by federal law.

Amendment and Cancellation

We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can
implement such change without prior notice.

We may cancel or suspend your card account or this Agreement at any time without notice for any reason (for example, if we suspect fraud or unauthorized activity on your card account), subject to applicable law. You may cancel this Agreement by returning the Card to us.

Termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. You agree that we will not be liable to you or any third party for any modification or discontinuation of your card account or of this Agreement.

Information About Your Right to Dispute Errors

In case of errors or questions about your Card transactions, or call 1 (877) 341-5484 or write to Blackhawk Network, ATTN: Customer Service, 10615 Professional Circle, Reno NV 89521, if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt.

Your statement or transaction record is wrong

You need more information about a transaction listed on your statement

An unauthorized person has discovered your password

Someone has transferred or may transfer money from your account without your permission

You must contact us no later than sixty (60) days after we have posted on the Card website (www.movieseverywheregift.com) the FIRST statement on which the problem or error appeared.

When you contact us, please provide the following information:

Your name and Card number

The date and dollar amount of the transaction in question

A description of the transaction about which you are unsure

Please explain as clearly as you can why you believe there is an error or why you need more information.

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not give provisional credit to your card account while we conduct our investigation. For errors involving new Cards or point-of-sale transactions, we may take up to ninety (90) days to investigate your complaint or question. You agree to cooperate with any investigation we may make.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting 1 (877) 341-5484.

Privacy and Data Protection

Information We collect (“Cardholder Information”):

(a)
Information about purchases made with the Card, such as date of purchase, amount and place of purchase.

Information you provide to us when you apply for a Card, or for a replacement Card or when you contact us with Customer Service issues, such as name, address, phone number.

Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information.

Disclosure: We may use Cardholder Information to provide Customer Services, to process claims for lost or stolen Cards, to develop marketing programs, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies that perform business operations or services, including marketing services, on our behalf, or other institutions with which we have a joint marketing agreement. We may also provide certain Cardholder Information to others as permitted by law, such as for
purposes such as marketing and promotions and government entities or other third parties in response to subpoenas. Without limiting the foregoing, we may disclose information to third parties about you, your Card or the transactions you make

Where it is necessary for completing transactions;

In order to verify the existence and condition of your Card for a third party, such as merchant;

In order to comply with government agency, court order, or other legal reporting requirements;

With your permission; or

To our employees, auditors, affiliates, service providers, or attorneys as needed.

Opt-Out: To opt out of disclosures of Cardholder Information for marketing purposes not related to the Card please call 1 (877) 341-5484. This opt-out will not affect disclosures to affiliated third parties for Card-related services and marketing.

Arbitration

Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement including the validity, enforceability or scope of this Arbitration Provision or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, without limitation, any claim, dispute or controversy
that arises from or relates to
(i) your Card;
(ii) the amount of Available Funds on the Cards;
(iii) advertisements, or oral or written statements related to the Card, goods or services purchased with the Cards;
(iv) the services related to the Cards; and
(v) your purchase, activation, use or upgrade for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court. As used in the Arbitration Provision, the terms “we” and “us” shall mean the Bank, subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees,
directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who market or provide services), if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you.

Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the procedures of the national arbitration organization to which the Claim is referred. Claims shall be referred to either the National Arbitration Forum (“NAF”), Judicial Arbitration and Mediation Services (“JAMS”), or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. You may contact us for instructions on how to obtain copies of any of these organizations’
procedures.

Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE “PROCEDURES”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise
agreed to in writing by all parties.

Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees (“fees”) for any
Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the fees in connection with the arbitration (or appeal).

Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Procedure, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Procedure. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Procedure and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Continuation: This Arbitration Provision shall survive termination of your Card. If any portion of this Arbitration Provision is deemed invalid or unenforceable it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement both of which shall be enforceable regardless of such invalidity.